PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NY
845-626-2434
MINUTES MEETING OF AUGUST 8, 2022 REGULAR MEETING OF Town of Rochester PLANNING BOARD held at 7:00PM at the Harold Lipton Community Center and streamed live via YouTube.
Chair Psaras called the meeting to order at 7:02PM and asked everyone to stand for the Pledge of Allegiance.
The Planning Board Secretary did roll call attendance.
PRESENT: ABSENT:
Bruce Psaras, Chair Ann Marie Moloney, Alternate
Rick Jones
Marc Grasso
Zachary Jarvis
Zorian Pinsky
Maren Lindstrom
Patrick Williams
ALSO PRESENT: Nicole Knapp, Planning Board Secretary; Liz Axelson, Planning Consultant, CPL; Mary Lou Christiana, Attorney for the Town; Erin Enouen, Councilwoman and Town Board Liaison to the Planning Board
APPLICATION REVIEW:
1. PB 2021-26 SBD (Major) Continued Application/PUBLIC HEARING
Thomas McCarthy – Queens Hwy/Route 209
S/B/L 76.2-2-5.12
Thomas McCarthy was present on behalf of the application.
Mr. Jones made a motion to waive the Major Subdivision requirements as stated in 125-14 (b) and 125-15 (b). Ms. Lindstrom seconded the motion.
All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions, 0 absent
The Board discussed the need for driveway profiles for Lots 2 & 3.
Ms. Lindstrom made a motion to waive the provision of an aerial view of the parcel as part of the plan set. Mr. Jarvis seconded the motion.
All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions, 0 absent
Mr. Jones made a motion to waive the provision of a soils map as part of the plan set. Mr. Pinsky seconded the motion.
All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions, 0 absent
The Board requested a map note stating a minimum 15-foot apron would be paved for the shared driveway of Lots 2 & 4. The Board also discussed the necessary addition of labeling the width of the shale/gravel driveway of Lot 2 on the map.
The Board asked the applicant about the DOT permit for the now commercial lot. Mr. McCarthy stated he reapplied for a commercial driveway permit and this was addressed by a map note.
The Planning Board discussed the issue of storm water drainage/management. Following an offline consultation between the applicant’s engineer and CPL’s engineer, it was determined by the Board that further consultation is necessary. More detail must be provided regarding lot 1 and where the water drains onto 209.
Mr. McCarthy was tasked with identifying the culvert that runs across 209 and locating it on the map.
The Board determined another offline consultation would need to be scheduled to more clearly provide info for the SWPPP.
Chair Psaras read the procedure for Public Hearing to Mr. McCarthy, as well as Mr. Gray.
Mr. Jones made a motion to keep the Public Hearing open until new information is received based on the outstanding comments. Mr. Pinsky seconded the motion.
All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions, 0 absent
2. PB 2022-06 SBD (Minor) Continued Application/PUBLIC HEARING
Wayne Gray, Sr.
S/B/L 60.3-3-48.600 – Samsonville Rd.
Wayne Gray, Sr. and Terry Ringler were present on behalf of the application.
The Board determined all items requested at the July meeting were satisfied.
Chair Psaras conducted a SEAF pt. 2 review for SEQRA.
Mr. Jones made a motion to declare no negative environmental impact and type the application as an unlisted, uncoordinated action for SEQRA. Mr. Grasso seconded the motion.
All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions, 0 absent
Chair Psaras opened the Public Hearing.
Secretary Knapp read the following anonymous email into the minutes:
8/05/2022
Town of Rochester
Nknapp@townofrochester.ny.gov
Re – PB 2022-06 Wayne Gray S/B/L60.3-3-48.600 subdivision application
This parcel of property borders Rt 66 East, which is a private road, years ago a road maintenance agreement was drafted by all property owners along the road and filed with Ulster County, that contract/agreement was neglected. Presently Rt 66 is in dire need of repair and hasn’t been maintained for years. Rt 66 East cannot handle any additional traffic, and certainly not industrial traffic. This road/right of way needs to be repaired with a new maintenance agreement signed by all properties on this road before a subdivision is approved.
This parcel is currently listed on tax maps as rural residential, so how does it fall into Industrial zoning? Being a neighbor I’ve never received any documentation regarding Industrial zoning district approval.
This property seeking subdivision has a creek that runs the length of the property then under Samsonville Road, through a number of properties eventually into Gray Brook near Queens highway. One of the properties on Rt 66 East has been reported to the Town of Rochester and the DEC regarding an abundance of junk vehicles that are possibly polluting this stream off Rt 66, this environment issue needs to be addressed by the Town prior to any subdivision approval.
This request should not be approved, however because Mr Gray is an employee of the Town of Rochester it will most likely get approved.
Anonymous
The Planning Board determined this letter was not pertinent to the application as the houses and driveways involved in the subdivision are pre-existing
The Board asked for the intermittent stream to be labeled on the final map.
Ms. Lindstrom made a motion to close the Public Hearing. Mr. Jones seconded the motion.
All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions, 0 absent
Chair Psaras advised Mr. Gray and Mr. Ringler that the Planning Board has 62 days to make a decision regarding the application.
Mr. Grasso and Mr. Jarvis recused themselves from the next application at 8:15pm.
3. PB 2021–23 SBD (Minor) Continued Application
Honeycomb Hills – CRAM LLC
S/B/L 68.3-1-27 – Beehive Rd.
Marc Grasso and John Heidecker were present on behalf of the application.
Chair Psaras read additions to the draft decision. The full draft decision as read at the 7/25/22 Planning Board Workshop meeting and this meeting is as follows:
Decision: PB 2021-23 SBD
Minor Subdivision Conditional Final Approval
Applicant: Marc Grasso
Reason for Request: Applicant proposes a subdivision of the current +/- 23.92-acre parcel into four lots: Lot #1 – +/- 5.430 acres; Lot #2: +/-5.671; Lot #3 – +/- 7.253 acres & Lot #4: +/-5.566.
Location: Beehive Road, Kerhonkson, NY
Total Acreage: +/- 23.92 acres
S/B/L: 68.3-1-27 Zoning District: R-5 (Rural Conservation)
The applicant proposes a four (4) lot subdivision of the parcel. The parcel’s current use is vacant, with a portion of the existing Town Road known as Beehive Road; and is +/-23.92 acres. The subdivision would result in the creation of 4 lots for 4 new homes, with driveways, wells, septics, etc. A fifty-foot (50’) wide right-of-way (ROW) is delineated to provide for the continued use and maintenance of the Existing Town Road, which would serve all 4 proposed lots. Four new driveways would be constructed off of the Existing Town Road, beginning within the delineated 50’ ROW, leading into each lot.
SEQRA: Unlisted/Uncoordinated, and Negative Declaration on June 13, 2022
Code Enforcement Determination: Minor Subdivision
Zoning Permit: 21/704, with Amended Determination Letter dated February 15, 2022
Planning Board Application: 2021-23 SBD
PB Application filed: 12/20/2021
EAF filed: 12/16/2021
Other Agency Referrals: Accord Fire District
WHEREAS, an application for subdivision approval was submitted to the Planning Board for the project as follows:
• the application was submitted by Marc Grasso, Applicant (the “Project Sponsor”);
• “Project Sponsor,” wherever used herein shall mean, and is intended to mean, the Applicant as identified in the above referenced Application, its successors in interest or assignees as may be appropriate;
• the applicant paid application fees and deposited monies into an escrow account to cover the consultant charges for the review of the project in accordance with the current Fee Schedule and in agreement with the provisions of Section 125-19 of the Town of Rochester (TOR) Subdivision Code, and Section 140-63 of the Code of the Town of Rochester.
• the applicant submitted a set of drawings (4 sheets), entitled CRAM NY LLC, Minor
Subdivision Map of Honeycomb Hills, prepared by John G. Heidecker, Licensed Land Surveyor, as more fully listed at the end of this resolution; and
• the application was accepted by the Planning Board of the Town of Rochester on December 20, 2021; and
• the application was referred by the Planning Board of the Town of Rochester to the Town Consulting Planner and Engineer, and the Town Planning Board Attorney; and
WHEREAS, the action is an Unlisted action pursuant to 6 NYCRR 617.4 and 617.5 of the implementing regulations pertaining to Article 8 of the SEQRA (State Environmental Quality Review Act) of the Environmental Conservation Law; and the Planning Board concluded its review under SEQRA by adopting a Determination of Non-Significance (Negative Declaration) at its regular meeting on June 13, 2022; and
WHEREAS, the Planning Board reviewed the Application, and all supporting documentation and information pursuant to the standards and criteria for subdivision approval set forth in the Code of the Town of Rochester, Chapter 125, Subdivision of Land; and pertinent requirements and standards of Chapter 140, Zoning; and
WHEREAS, the Planning Board held a duly noticed public hearing on the completed
Application pursuant to Chapter 125, Code § 125-12. F on June 13, 2022, which was closed on June 13, 2022;
FINDINGS:
NOW THEREFORE BE IT RESOLVED, the Planning Board of the Town of Rochester makes the following findings about this project:
1. The Planning Board received zoning determination and classification that the subdivision is located in an R-5 zoning district and is a minor subdivision per correspondence from the Code Enforcement Officer received February 15, 2022.
2. The proposed 4-lot subdivision, which would result in the creation of 4 lots for new homes, each with driveways, wells, septics, etc., with a fifty-foot (50’) wide right-of-way (ROW) delineated to provide for the continued use and maintenance of the Existing Town Road, which would serve the proposed lots via new driveways. The subdivision was discussed at regular meetings of the Planning Board held on January 10, 2022; March 14, 2022; April 11, 2022; May 9, 2022; June 13, 2022; and July 25, 2022, during which the Planning Board, its consultant and the Applicants representative discussed the site’s land use and natural features including the site’s topography, and access; and
3. In response to material set forth by the applicants as well as the Town’s consultants along with comments from the Planning Board, the Board finds the following impacts and determinations based on the most current plan dated June 27, 2022, including:
a. The site is undeveloped, except for the Existing Town Road described herein, a swale and land disturbance to create driveways. The subdivision would result in the creation of four new lots for new homes as described above. Accordingly, there would be an increase in land development; and a corresponding change in and increase in stormwater runoff from the proposed subdivision; and
b. The proposed lots will comply with the R-5 zoning district lot area and bulk requirements and pertinent subdivision design standards and requirements.
4. Waivers for providing rock outcroppings on the plan set were requested by the applicant and obtained from the Planning Board.
These Findings having been prepared by the Board and read and discussed at the meeting of July 25, 2022. The Board hereby Adopts these Findings on August 8, 2022, by the following Vote:
Ayes: _7_ Nays: _0_ Absent: _0_
Motion to adopt findings by: __Maren Lindstrom____
Seconded by: __Patrick Williams_____
CONDITIONS OF APPROVAL
NOW THEREFORE BE IT RESOLVED, that the Town of Rochester Planning Board hereby grants Minor Subdivision Conditional Final Approval of the proposed 4-lot subdivision situated at Beehive Road, Kerhonkson, NY, as depicted on the plan set entitled “CRAM NY LLC, Minor Subdivision Map of Honeycomb Hills”, prepared by John G. Heidecker, Licensed Land Surveyor, dated June 27, 2022, subject to satisfactory compliance with the following conditions:
1. The Project Sponsor shall reimburse the Town of Rochester for all costs incurred by the Town for the review of this subdivision proposal. The final plat for this subdivision will not be stamped and signed by the Planning Board Chairman unless and until all appropriate costs incurred by the Town for the customary and necessary review have been paid for by the Applicant by either means of the escrow account established at the initial application stage or by check payable to the Town of Rochester.
2. The Applicant shall revise the plan set to label all profiles with changes in grade expressed as percent (%) on Sheet 3 Drainage Swale Profile;
3. The Applicant shall revise the plan set to label all profiles with changes in grade expressed as percent (%) on Sheet 4, for Driveway Lot 1 through Driveway Lot 4, labelling each as “Driveway Profile Lot _” for lots 1 through 4; and
4. The Applicant shall revise the plan set to eliminate the spare line on the profile for Lot 1.
5. As agreed at the site visit conducted on May 4, 2022, revise the legend item for “Low Area” on certain plan sheets to read “Low/Wet Area”, which should be done on all plan sheets where the legend is shown (sheets 1, 2, 4 and 5).
6. Revise plan sheet 1 to correct the proposed lot widths and rear yards, listed in the Zoning Table for Lots 1 through 4, if needed, in consultation with the Planning Board’s Consulting Planner.
7. The Applicant shall present a Final Plan for signature, that includes the following plan notes:
a. “Any further subdivision shall be treated as a major subdivision under TOR subdivision law §125. Any further subdivision of this parcel shall comply with all of the pertinent major subdivision procedures, requirements and standards, including design standards as set forth in the Code of the Town of Rochester, Chapter 125, Subdivision of Land.
b. “No Further subdivision of this parcel is permitted without the prior approval of the
Planning Board.”
c. “This property contains a New York State regulated stream. For as long as any portion of the property described in this deed is subject to regulation under Article 15 (Protection of Waters) of the Environmental Conservation Law (ECL) of the State of New York, there shall be no regulated activity as defined by Article 15of the ECL on this property within the bed or banks of this stream at any time without having first secured the necessary permission and permit required pursuant to the above noted Article 15 from the NYS Department of Environmental Conservation (DEC). This restriction shall bind the Grantees, their successors and assigns and shall be expressly set forth in all subsequent deeds to this property.”
d. “This property may border a farm, as defined in Chapter 75 of the Town of Rochester Code. Residents should be aware that farmers have the right to undertake farm practices which may generate dust, odor, smoke, noise and vibrations and which may involve insecticides, herbicides, pesticides, etc.”
8. Revise the “Minor Subdivision Map of Honeycomb Hills” to be entitled “Final Plat Showing Honeycomb Hills Subdivision”.
9. Add an Owners’ Consent Block to the plan set.
10. The Owners’ Consent Block shall be signed and dated by the Owners following the date of last revision and prior to the Chair signing the plat.
11. The owner shall provide a letter, certified and stamped by a professional engineer, certifying that the proposed well and water supply on lots #1 – #4 shall conform to the requirements of Ulster County Department of Health prior to the Planning Board Chairman’s signature on the subdivision plan.
12. Applicant shall provide a written easement, to be filed simultaneously with the Subdivision Map, in the office of the Ulster County Clerk, covering the easement area shown on the map for use by the Town of Rochester for Highway purposes, including maintenance of the roadway. The easement must be approved by the attorney for the Planning Board. The applicant will be responsible for repair of any damage that occurs to the roadway or easement area during the construction of any improvements upon the subdivision lots, including, but not limited to replacement of any damaged pipes or culverts. A note shall be provided on the final map indicating that this written easement is being filed with the Ulster County Clerk simultaneously with the filing of the map.
13. Applicant shall provide an agreement regarding the construction and ongoing maintenance of the drainage easement shown on the subdivision map, to be approved by the attorney for the Planning Board, and to be filed simultaneously with the subdivision map in the office of the Ulster County Clerk. The final subdivision map shall include a note specifying that the lot(s) over which the drainage area is located are subject to an agreement that is to be recorded in the Ulster County Clerk’s Office.
This Minor Subdivision Conditional Final Approval shall expire 180 days from this approval date unless the Final Plat is presented and signed by the Chairman. This period may be extended for two additional 90-day periods upon application to and resolution by the Town of Rochester Planning Board.
The Town of Rochester Planning Board further grants Minor Subdivision Conditional Final Approval upon satisfactory completion of the conditions of Approval 1 through 13 above.
EFFECT of APPROVAL:
1. The owner shall file in the office of the Ulster County Clerk such approved plat bearing the Chairman’s signature and any other related documents within 62 days from the date of signature or such approval shall be deemed to expire without further notice in accordance with NYS Town Law §276.
2. The owner shall have the responsibility to return three (3) Ulster County Clerk certified copies of the filed plat and any other related documents to the T/ Rochester Planning Board within 30 days of such filing.
Adopted _August 8,_2022, by the following vote:
Ayes: _7_ Nays: _0_ Absent: _0_
Motion to adopt approval with conditions by: __Maren Lindstrom_____
Seconded by: _ Rick Jones
Mr. Grasso and Mr. Jarvis returned to the Planning Board at 8:23PM.
4. PB 2022-09SBD (Minor) Continued Application
Gazlay Subdivision – John Dawson
S/B/L 76.2-2-41 – 5998 Route 209
John Dawson was present on behalf of the application.
Ms. Christiana stated she reviewed the deed and there is access from Route 209 to Boice Mill.
All outstanding items from the July meeting have been satisfied.
Mr. Pinsky reported there was no 100-foot buffer labeled around the well on Lot 1. The Board requested this addition to the map.
Ms. Lindstrom made a motion to set the Public Hearing for 9/12/22. Mr. Jones seconded the motion.
All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions, 0 absent
5. PB 2022 -03LLI
Jacob Hennessey-Rubin/Melissa LaChance New Application
SBL: 67.-1-14.100 – 32 Baker Rd.
Applicant not present.
Mr. Jones made a motion to table the application until the 9/12/22 meeting.
All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions, 0 absent
OTHER MATTERS:
o Town Board Referrals:
1. Local Law J – Administration and Enforcement
2. Local Law K – Special Use and Site Plan Review Procedures
3. Local Law L – Sand, Gravel, and Quarrying
4. Local Law M – Commercial Events Facilities
5. Local Law N – Accessory Structures and Uses
The Board compiled comments for Local Law J-L and tabled M & N for the next meeting. Comments to be forwarded to the Town Board for the Public Hearing.
TRAINING:
o Ms. Lindstrom nominated Chair Psaras to attend the 3-day Land Use Leadership Alliance training in September/October 2022 on behalf of the Planning Board. Mr. Jones seconded the motion.
All in Favor. Motion Carried
6 ayes, 0 nays, 1 abstention, 0 absent
ANNOUNCEMENTS AND COMMUNICATIONS:
Ms. Lindstrom made a motion to cancel the August 29, 2022 Planning Board workshop meeting. Mr. Jarvis seconded the motion.
All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions, 0 absent
ACTION ON MINUTES:
– Mr. Grasso made a motion to approve the minutes of July 25th, 2022 Planning Board workshop meeting. Mr. Jarvis seconded the motion.
All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions, 0 absent
Secretary Knapp left the meeting at 10:00pm.
EXECUTIVE SESSION:
Recommended Resolution: The Town of Rochester Planning Board motions to enter into executive session at 10:01 pm for the purposes of discussions regarding matters leading to the appointment, employment, dismissal, or removal of a particular person or corporation.
Recommended Resolution: The Town of Rochester Planning Board motions
to exit executive session at 11:00 pm.
ADJOURNMENT:
Mr. Grasso made a motion to adjourn the meeting at 11:03PM. Mr. Williams seconded the motion.
All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions, 0 absent